JUDGMENT

(Dated this the 26th day of February, 2026)

The petitioner and his wife availed a housing loan of Rs.8 lakhs from the 2^nd respondent bank. Due to non-repayment of the loan amount, the respondent initiated proceedings under the SARFAESI Act, 2002 , by issuing Ext.P1 notice dated 29.03.2025, followed by Ext.P3 notice issued by the Advocate Commissioner dated 08.01.2026. Aggrieved by the same, the petitioner filed this writ petition.

2. On 20.01.2026, this Court granted an interim order deferring the coercive steps against the petitioner, on condition that the petitioner shall remit an amount of Rs.20,000/- within one month. It is submitted that the said interim order has been complied with.

3. The learned Standing Counsel for the Bank, on instructions, submits that the overdue amount as on date is Rs.79,278/-. A statement was filed by the respondent stating that this Court cannot grant the relief sought as it is covered by a judgment of the Apex court in South Indian Bank Ltd v.

Naveen Mathew Philip [ (2023) 17 SCC 311 ]. The petitioner was sanctioned an amount of Rs.8 lakhs on 28.07.2007; outstanding amount is ₹3,86,218/- ; the monthly EMI to be paid by the petitioner is ₹1